The dispute escalated outside the apartment, leading to a physical fight in which Cavazos punched Gutierrez, leaving him bleeding, the witness reported.

After the fistfight ended and Cavazos began walking away, Gutierrez allegedly drew a handgun and confronted him, shouting, "We're family! We're family! How could you do this to me?" before opening fire, according to the witness statement in the affidavit.